Citation Nr: 0921273
Decision Date: 06/05/09 Archive Date: 06/16/09
DOCKET NO. 01-06 136 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia
THE ISSUE
Entitlement to an initial rating in excess of 10 percent for
major aphthous stomatitis.
REPRESENTATION
Appellant represented by: Georgia Department of Veterans
Services
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
John Francis, Associate Counsel
INTRODUCTION
The veteran served on active duty from May 1989 to April
1997.
This appeal comes before the Board of Veterans' Appeals
(Board) from an August 1997 rating decision of a Department
of Veterans Affairs (VA) Regional Office (RO).
The veteran testified before the Board sitting at the RO in
October 2005. A transcript of the hearing is associated with
the claims file.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC) in Washington, D.C.
REMAND
The Veterans Law Judge who presided at the hearing in
February 2006 is no longer on the Board. The law requires
that the Veterans Law Judge who presides at a hearing for
issues on appeal must participate in any decision on those
issues. 38 U.S.C.A. § 7101 (c) (West 2002); 38 C.F.R.
§ 20.707 (2008).
In correspondence in May 2009, the Board offered the veteran
the opportunity for a new hearing. 38 C.F.R. § 20.717
(2008). The veteran responded that he desired a new hearing
before the Board sitting at the Regional Office.
Accordingly, the case is REMANDED for the following action:
Schedule the veteran for a hearing before
the Board sitting at the Regional Office
at the next appropriate opportunity.
The appellant has the right to submit additional evidence and
argument on the matter the Board has remanded. Kutscherousky
v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
S. S. TOTH
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).